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Bombay High CourtABA/437/2019anticipatory bail rejected

Mahesh Adinath Lade v. The State Of Maharashtra

2019-02-20Hon'Ble Shri Justice Nitin W. Sambre2 pages

1/2 Yadav 918.aba.437.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 437 OF 2019 Mahesh Adinath Lade ...

Applicant

Versus

The State of Maharashtra ...

Respondent Mr. Somnath Rajaram Thengal for Applicant.

Ms. S. S. Kaushik, APP for Respondent - State. CORAM :

NITIN W. SAMBRE, J.

DATE :

FEBRUARY 20, 2019.

P.C. :

.

In Crime No. 370 of 2018 for an offence punishable under sections 326, 325, 323, 504, 506 of the Indian Penal Code the Applicant is seeking pre-arrest bail.

2.

The submissions are, out of the differences over the business carried out by the Applicant and the Complainant, the Applicant is falsely implicated. According to the learned Counsel the Applicant pursuant to the ad-interim protection ordered by the Sessions Court has attended the police station. As such custodial interrogation is not warranted.

2/2 Yadav 918.aba.437.19 3.

The learned APP opposed the claim. Perusal of the FIR and the order of the learned Sessions Court reflects that the delay in filing of FIR is very much explained. The victim was hospitalized almost for a period of around 15 days for treatment of an injury which is claimed to have been caused by the present Applicant by a dangerous weapon. As such, an ingredients of Section 326 of IPC are very much satisfied. That being so, no case for grant of pre-arrest bail is made out. 4.

As such, Anticipatory Bail Application fails. Hence, the same stands rejected.

(NITIN W. SAMBRE, J.)